Kee Yiu Leong v. John F. O'shea, District Director of the United States Immigration and Naturalization Service

Appellant, a citizen of the United States and a resident of the State of Hawaii, on February 5, 1964, filed a petition seeking approval to bring into the United States, as his wife, one Inn Kwai Lui Leong, a citizen of China, residing in Hong Kong, on a nonquota basis, as authorized by Section 205 of the United States Immigration and Nationality Act of 1952, [ 8 U.S.C.A. § 1155 ]. This section, in substance, insofar as it pertains to the instant case, provides that any citizen of the United States claiming that any immigrant is his spouse, and that such immigrant is entitled to a nonquota immigrant status, may file a petition with the Attorney General for such classification. The section further provides that after an investigation of the facts in each case, the Attorney General shall, if he determines the facts stated in the petition are true and that the alien in respect of whom the petition is made is eligible for a nonquota immigrant status, approve the petition.

Subsequent to the filing of the petition an investigation, as required, was conducted.

The District Director denied the petition for the following reasons:

An appeal was taken by appellant to the Board of…